§ 220.219. Exclusive method of application for additional permits and medallions; annual application; protests; appeal.

(a)

Additional permits and medallions, other than those initially applied for under Section 220.202, may be applied for and granted only as provided in this Section. It shall be unlawful for an owner to increase the number of permits and medallions under his ownership (other than those initially applied for under Section. 220.202) except as provided in this Section and, if an owner increases the number of permits and medallions under his ownership (other than those initially applied for under Section 220.202) contrary to the method provided in this Section, the permits and medallions so acquired are declared unlawful and forfeited to the City and shall be of no force and effect.

(b)

An owner who is not ineligible under Section 220.211(a) or (b) to file a petition under this Section may file an application, on a form approved by the Department, to obtain an increase in the number of permits and medallions under his ownership. The application shall be accompanied by a filing fee as found in www.coj.net/fees . The applicant shall file in support of his application an affidavit which shall contain the following information:

(1)

The information required by Section 220.202(a)(1) with respect to initial applications, except that, in the case of a corporation, the names of all the stockholders owning five percent or more of the outstanding voting stock shall be stated, together with the names of all persons who are employees of the owner and who are not paid on an hourly basis.

(2)

The distinguishing color scheme, business name or commercial identification used on the motor vehicles currently operated by the owner and, if used, a description of the uniform worn by a for-hire driver when driving the vehicles.

(3)

With respect to each of the persons listed on the application as:

(i)

(A)

The sole proprietor;

(B)

Partners; or

(C)

Officers, directors and stockholders owning five percent or more of the outstanding voting stock; and

(D)

Limited liability corporation, the full name of the limited liability corporation, mailing and street address, the name and address of the registered agent, the name and address of the authorized representative, and the name of all members owning ten percent or more membership interest, a list of the names and addresses of all members and managing members and other individuals authorized to act on behalf of the limited liability corporation, accompanied by articles of organization and all amendments thereto, and the business address of the limited liability corporation.

(ii)

Persons who are employees of the owner and who are not paid on an hourly basis, a background check by the Office of the Sheriff; provided, that the background check need not reveal any crime or offense other than those listed in Section 220.203(b)(7) of which the person shall have been convicted. Each person subject to this paragraph shall also submit a sworn statement by at least two character witnesses as to his good character and reputation in the community; provided, that the same character witnesses may be used by more than one of the subject persons if, in fact, the character witnesses are familiar with each person's good character and reputation in the community.

(4)

The number of permits and medallions which the owner currently is authorized, the number which have been issued and the number which are actually being operated. With respect to these permits, the owner shall state whether any of the permits is currently involved in a suspension or revocation proceeding.

(5)

The number of permits and medallions which the owner is requesting to be authorized in the application.

(6)

With respect to the motor vehicles that will be operated under the permits, should they be authorized, the information required by Section 220.202(a)(5), (6) and (7). If the motor vehicles have not yet been purchased, the owner shall provide, as a part of the application, the method by which the vehicles will be purchased or financed. If the motor vehicles are to be purchased, in part or in whole, for cash, the financial information required to be filed under paragraph (8) shall indicate that sufficient cash is unencumbered by other obligations of the owner to provide for the cash purchase; and if the motor vehicles are to be financed, in part or in whole, the owner shall attach to the application an affidavit from the supplier that he is ready and willing to finance the motor vehicles that are to be financed. The owner may state on the application that one or more of the motor vehicles will be acquired by transfer pursuant to Section 220.208, and the method of financing the transfer need not be specified until an application is filed under Section 220.208.

(7)

The types of radios and taxi meters that will be installed in the motor vehicles. If the meters and radios are to be purchased, in part or in whole, for cash, the financial information required to be filed under paragraph (8) shall indicate that sufficient cash is unencumbered by other obligations of the owner to provide for the cash purchase; and if the meters and radios are to be financed, in part or in whole, the owner shall attach to the application an affidavit from the supplier that he is ready and willing to finance the meters and radios that are to be financed.

(8)

If required by the Council, a current financial statement meeting the requirements of Section 220.202(c). The statement shall cover the owner's latest completed fiscal year; if it covers a period that ended more than 90 days before the date of submission, the owner shall submit a supplementary statement, which need not be prepared or certified by a licensed certified public accountant, to update the information.

(9)

In addition to the information listed above, the owner shall file with the Director an amendment to the original application containing any new, supplemental or updated information not contained in the original application.

(10)

All other terms and conditions of the original application shall apply to any permits or medallions issued pursuant to this Section.

(c)

Within 20 days after the filing of the application, the appropriate Departmental employee designated by the Director shall make a decision, in the form of an administrative order, on each application and authorize the issuance of permits, in whole or in part, based on the following:

(1)

If the applicant is an existing permit holder in good standing with the Department, the Director shall use the criteria set forth in Sections 220.203(b)(3), (4), (5) and (7) to evaluate the application; or

(2)

If the applicant does not have a current application for a permit with the Department, then the Director shall use the criteria set forth in Section 220.203(b) to evaluate the application and in deciding whether to issue approval of the application, in whole or in part.

The provisions of Sections 220.204, 220.205, 220.206 and 220.207 shall apply to permits and medallions authorized and issued pursuant to an approved application under this Section.

(d)

If an owner is dissatisfied with the decision by the designated employee under subsection (c) of this Section, he may file an appeal to the Director from the decision within 20 days after the decision is received by him from the designated employee. The Director shall reconsider the decision based on the information contained in the application and on any additional testimony and evidence requested or heard by the Director. A decision by the Director, in the form of an administrative order, following the conclusion of the appeal shall be final.

(Ord. 85-1561-830, § 11; Ord. 90-215-235, § 6; Ord. 2002-1214-E, § 1; Ord. 2002-1214-E, § 1; Ord. 2017-665-E , § 14)